AN ACT
TO INCREASE THE COMPENSATION PROVIDED TO PERSONS ERRONEOUSLY CONVICTED OF
FELONIES WHO HAVE RECEIVED PARDONS OF INNOCENCE; to require the Industrial commission
to annually adjust the compensation to reflect increases in the consumer price
index for all urban consumers; and to allow the industrial commission to award
additional compensation of job skills training and expenses for tuition and
fees at a north carolina community college or constituent institution.

(a) At the hearing
the claimant may introduce evidence in the form of affidavits or testimony to
support the claim, and the Attorney General may introduce counter affidavits or
testimony in refutation. If the Industrial Commission finds from the evidence
that the claimant received a pardon of innocence for the reason that the crime
was not committed at all, or was not committed by the claimant, and that the
claimant was imprisoned and has been vindicated in connection with the alleged
offense for which he or she was imprisoned, the Industrial Commission shall
award to the claimant an amount equal to twenty thousand dollars ($20,000)fifty thousand dollars ($50,000) for each year or the pro rata amount
for the portion of each year of the imprisonment actually served, including any
time spent awaiting trial, but intrial. However, (i) in no event
shall the compensation compensation, including the compensation
provided in subsections (b) and (c) of this section, exceed a total amount
of five hundred thousand dollars ($500,000).seven hundred fifty
thousand dollars ($750,000), and (ii) a claimant is not entitled to
compensation for any portion of a prison sentence during which the claimant was
also serving a concurrent sentence for conviction of a crime other than the one
for which the pardon of innocence was granted.

The Director of the Budget shall pay the amount of the award
to the claimant out of the Contingency and Emergency Fund, or out of any other
available State funds. The Industrial Commission shall give written notice of
its decision to all parties concerned. The determination of the Industrial
Commission shall be subject to judicial review upon appeal of the claimant or
the State according to the provisions and procedures set forth in Article 31 of
Chapter 143 of the General Statutes."

SECTION 2. G.S. 148-84 is amended by
adding new subsections to read:

"(c)In addition
to the compensation provided under subsections (a) and (b) of this section, the
Industrial Commission shall determine the extent to which incarceration has
deprived a claimant of educational or training opportunities and, based upon
those findings, may award the following compensation for loss of life
opportunities:

(1)Job skills
training for at least one year through an appropriate State program; and

(2)Expenses for
tuition and fees at any public North Carolina community college or constituent
institution of The University of North Carolina for any degree or program of
the claimant's choice that is available from one or more of the applicable
institutions. Claimants are also entitled to assistance in meeting any
admission standards or criteria required at any of those institutions,
including assistance in satisfying requirements for a certificate of
equivalency of completion of secondary education. A claimant may apply for aid
under this subdivision within 10 years of the claimant's release from
incarceration, and aid shall continue for up to a total of five years when
initiated within the 10-year period, provided the claimant makes satisfactory
progress in the courses or degree program in which the claimant is enrolled."

SECTION 3.
This act is effective when it becomes law and applies to any person granted a
pardon of innocence by the Governor on or after January 1, 2004.

In the General Assembly read
three times and ratified this the 18th day of July, 2008.

_____________________________________

Marc Basnight

President Pro Tempore of the Senate

_____________________________________

Joe Hackney

Speaker of the House of Representatives

_____________________________________

Michael F. Easley

Governor

Approved __________.m. this
______________ day of ___________________, 2008